Actual Harm or Potential Harm to Beneficial Uses Sample Clauses

Actual Harm or Potential Harm to Beneficial Uses. Moderate (3)

Actual Harm or Potential Harm to Beneficial Uses. The Enforcement Policy specifies that a score between 0 and 5 be assigned based on a determination of whether direct or indirect harm, or potential for harm, from a violation is negligible (0) to major (5).

Actual Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). During the 2 February 2019 SSO, raw sewage was discharged to a stormwater conveyance which discharges to Cottonwood Creek, a Water of the United States. The designated beneficial uses of Cottonwood Creek that could be impacted by the unauthorized discharge are outlined in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, Fifth Edition, May 2018 (Basin Plan) and include municipal and domestic supply, irrigation supply, stock watering, contact and non-contact recreation, warm and cold freshwater habitat, cold migration, warm and cold spawning, and wildlife habitat. Raw sewage contains pathogens, nitrogen, ammonia, and creates a biological oxygen demand. Raw sewage impacts cold and warm freshwater habitat and wildlife habitat because fish are highly sensitive to even small concentrations of ammonia. In addition, raw sewage impacts contact and non-contact recreation because it contains pathogens which adversely affect human health.

Actual Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned in accordance with the statutory factors of the nature, circumstances, extent, and gravity of the violation, based on a determination of whether the harm or potential for harm is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). The Prosecution Team assigned a score of 2. The Enforcement Policy defines a score of 2 as a discharge with “less than moderate harm or potential harm to beneficial uses.” As such, a score of 2 could result in “harm or potential harm to beneficial uses [that are] measurable in the short term, but not appreciable. “ A score of 2 was selected because the impacts are below moderate in that the discharges are occurring during wet weather and the flow is likely not significant. This factor is also appropriate because, although the receiving water is repeatedly subject to disruption by solids, metals, TCDD, and bacteria, flows during wet weather tend to dilute the discharge. Deposition of solids can clog rivers and can adversely affect invertebrate life and fish egg survival. Additionally, toxic pollutants, such as metals and TCDD, have the potential to bioaccumulate in aquatic life, which poses both a risk to aquatic life and human health.

Actual Harm or Potential Harm to Beneficial Uses. The evaluation of the actual harm or potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge, consistent with the statutory factors of the nature, circumstances, extent, and gravity of the violation. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm is negligible (0) to major (5). A score of moderate (3) was assigned to this factor because there was a moderate harm or potential harm to the beneficial uses. Based on the sample analytical results provided in Table 1 in Attachment A of the Stipulated Order, the discharge on 9 August 2021 was some type of wastewater (which may have been mixed or diluted by agricultural well water), which is supported by the sample analytical results provided in Table 2 in Attachment A of the Stipulated Order that indicate the discharge had similar characteristics to winery wastewater. The designated beneficial uses of Merced River are municipal, industrial, and agricultural supply; recreation; esthetic enjoyment; and preservation and enhancement of fish, wildlife, and other aquatic resources. The beneficial uses most likely impacted by this discharge were preservation and enhancement of fish and other aquatic resources. The wastewater that was discharged from the pipe outfall to the river contains elevated concentrations of potassium, TOC, BOD5, TN, TKN, EC, TDS, and other constituents. In addition, the wastewater was dark and murky indicating high concentrations of solids or high turbidity; black solids were also observed in the bottom of the river downstream of the discharge. CDFW staff also reported foul odors detected at the 18-inch pipe outfall to the river. Elevated levels of constituents listed above coupled with a high concentration of solids or turbidity can lead to low levels of dissolved oxygen in the receiving water and impact aquatic life. Therefore, the discharge of the wastewater from the 18-inch pipe outfall to the river is reasonably expected to impact the receiving waters aquatic life and potentially harm or impair the designated beneficial uses for aquatic life. A score of moderate is typified by observed or reasonably expected potential impacts, but harm or potential harm to beneficial uses is moderate and likely to attenuate without appreciable medium or long term acute or chronic effects. In this case, the potentia...

Actual Harm or Potential Harm to Beneficial Uses. The evaluation of the actual harm or the potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). Because Dry Creek is a tributary to the Tuolumne River, the description of the beneficial uses of the Tuolumne River in Violation 1 apply to this violation as well. The 30 October 2021 spill consisted of raw sewage, which discharged directly into Dry Creek, and ultimately to the Tuolumne River. The flow rate of the Tuolumne River on October 30th, measured near the spill location, is depicted in Figure 2 below. The flow rate on October 30th (Figure 2) was 6 times lower than the flow rate on October 25th (Figure 1) though the spill volume was similar. Without significant dilution from a heavy rainfall event, the harm or potential harm to beneficial uses is moderate and likely to attenuate without appreciable medium or long term acute or chronic effects. Therefore, a score of 3 is assigned to this factor.

Actual Harm or Potential Harm to Beneficial Uses. The evaluation of the actual harm or the potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). The 24-25 October 2021 spill consisted of untreated raw sewage, which discharged into Dry Creek, a tributary to the Tuolumne River. The designated beneficial uses of the Tuolumne River that could be impacted by the discharge are outlined in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, Fifth Edition, revise February 2019 (Basin Plan).4 The beneficial uses include municipal and domestic supply, agricultural irrigation, stock watering, contact and non-contact recreation, warm and cold freshwater habitat, migration, spawning, and wildlife habitat. The flow rates of the Tuolumne River were recorded at the U.S. Geological Survey (USGS) river monitoring station, USGS 11290000,5 located near the spill location. As shown in Figure 1 below, the flow rates were above average when the violation occurred. 4 The Basin Plan can be found here, xxxxx://xxx.xxxxxxxxxxx.xx.xxx/centralvalley/water_issues/basin_plans/sacsjr_201902.pdf. 5 Global positioning system (gps) coordinates are 37°37'38", 120°59’00”. Although the spill volume was large at 211,654 gallons, the 24-25 October 2021 SSO occurred during a high intensity storm event which diluted the discharge, thus reducing the potential harm to beneficial uses. Therefore, the harm or potential harm to beneficial uses was measurable in the short term, but not appreciable. The discharge was expected to have a “below moderate” impact to beneficial uses to the Tuolumne River; thus, a score of 2 is assigned to this factor.

Actual Harm or Potential Harm to Beneficial Uses. ‌ This evaluation considers the actual or potential harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge, consistent with the statutory factors of the nature, circumstances, extent, and gravity of the violation(s). The Prosecution Team may consider actual harm or potential harm to human health, in addition to harm to beneficial uses. The score evaluates direct or indirect actual harm or potential for harm from the violation. Actual harm as used in this section means harm that is documented and/or observed. Potential harm should be evaluated in the context of the specific characteristics of the waste discharged and the specific beneficial uses of the impacted waters. The Enforcement Policy specifies a score ranging from 0 to 5 based on a determination of whether direct or indirect harm or potential for harm from a violation is negligible (0) to major (5).